Question for you Gents

December 5th, 2011, 07:02 PM

I have a question for you guys to help an individual out. If you are discharged for conduct shouldn't there be a paper trail in your records showing this? or included in your discharge paper work? If there is not paper trail showing you were counseled by your supervisor and it was all verbal counseling can't that come back and bite the discharging command in the ****?? If there is no documentation for the conduct how can they prove that it even took place??

Does this question relate to active duty or National Guard discharges? On the active side; depending on the type of misconduct; it is usually supported by counseling statements; article 15 infractions which is then forwarded up the chain for a chapter separation. After the administrative process is complete, the SM is separated with a other than honorable; generable under honorable or honorable discharge with a narrative of misconduct and assigned the proper RE-code annotated on the DD-214

If its NG; you can get released for unsatisfactory participation or other forms of misconduct that the Commander initiates and you do not have to be available to sign. If you have under 8 years; you are assigned to the IRR control group and given the proper narrative and re-Code annotated on the NGB-22

So there is some ambiguity in your query so you need to mention the service and the type of misconduct. ParalegalNCO will be more than happy to break it down.

right but there isnt anything of the sort in his records no counseling. It was active duty pattern of misconduct

Well, if he was discharged for misconduct; he was provided a packet for reasons that were listed. He obviously signed the paperwork for being release. If he/she believes there was an injustice; there is a board of appeals/corrections that is afforded.

He/she has to fill out the proper forms and submit for a review. How long ago was this? 1985??

This went through his base legal as well; so things should have been in order for him to be discharged for misconduct. There is a checklist for that.

Comment

no its not about me lol. I have a Marine buddy who is wanting some help on his packet for the board to get his conduct overturned and beings I was succesful in getting my discharge upgraded to Honorable he wanted to know. He stated he was verbally counseled and never signed any type of counseling and that they never kept a paper trail for his conduct. He pulled his service record and none of that was in there. He asked if there is no records of counseling or documentation about his situation would he have a case in terms of upgrading it.

Comment

no its not about me lol. I have a Marine buddy who is wanting some help on his packet for the board to get his conduct overturned and beings I was succesful in getting my discharge upgraded to Honorable he wanted to know. He stated he was verbally counseled and never signed any type of counseling and that they never kept a paper trail for his conduct. He pulled his service record and none of that was in there. He asked if there is no records of counseling or documentation about his situation would he have a case in terms of upgrading it.

I would need far more information on his situation to answer with any certainty, however generally speaking, yes there should usually be supporting documents but once the discharge is done, those go to the wasteside.

More importantly, if this happened to him as a Marine, there administrative separations regulations may be extrememly different then ours (Army).

Comment

So what does his DD214 say? He has his SRB with the page 11 entries? Office hours or Captain's mast in your terms? Discharge packet paperwork? What year he was discharged? A sailor helping a Marine is a no-go at this station.